The U.S. Citizenship and Immigration Services (USCIS) is facing criticism after beginning to request biometric data and residential addresses from H-1B visa holders and employment-based green card applicants, a move that attorneys say lacks precedent and transparency.
Unprecedented USCIS Biometric Request Raises Legal Questions
According to Forbes and Newsweek, the agency recently issued Requests for Evidence (RFEs) without prior notice, asking for information not previously required—such as current addresses and biometric data—from H-1B holders and I-140 petition beneficiaries. Immigration lawyers described the action as highly unusual and confusing for both applicants and legal counsel.
Song Jung-Hoon, an immigration attorney, noted, “USCIS has never issued RFEs based on the need to verify ‘adverse information’ for these categories of applicants.” He added that USCIS has not explained the nature or source of the so-called adverse information, leaving attorneys unsure how to proceed.
USCIS Lacks Transparency in Requests
Vic Goel, of the immigration law firm Goel & Anderson, said that biometric demands in I-140 cases are unheard of, and the agency’s failure to disclose the nature of the concerns limits applicants’ ability to respond. He advised that applicants should consider requesting disclosure of the adverse information rather than immediately submitting personal data.
Attorneys explained that adverse information could include criminal records, immigration violations, security concerns, or fraud-related documentation—all of which could justify visa or green card denial.
Expanding Scrutiny Beyond Traditional Targets
Some legal experts suggest the move may reflect a broader enforcement pattern, expanding scrutiny from immigrants with criminal records to those on student visas, H-1B visas, or green card applications.
One lawyer emphasized that this new practice echoes earlier controversial actions to cancel student visas without sufficient justification.
Legal Justification Under Scrutiny
Critics say the latest RFEs deviate from USCIS’s usual standards. Kevin Miner, an immigration attorney, stated that typical RFEs are tied to eligibility requirements, but this new policy appears to lack both specific legal grounds and procedural fairness.
Forbes reported that a USCIS officer demanded an I-140 beneficiary’s most recent address and biometric data after citing the existence of adverse information—without revealing the content or basis of that information.
This has led to widespread concern among legal experts that USCIS may be operating without sufficient transparency or legal justification, putting applicants in a difficult position without clear guidance.
BY KYEONGJUN KIM [kim.kyeongjun1@koreadaily.com]
